Saint Mary's College - Compensationhttps://www.stmarys-ca.edu/tags/compensation
enSection 7: Compensationhttps://www.stmarys-ca.edu/human-resources/2014-staff-handbook/section-7-compensation
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p><a href="#fivedoteight" style="line-height: 1.538em;"></a><span style="line-height: 1.538em;">Download <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-7.pdf" target="_blank">this section</a> or the <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_Ed1.pdf" target="_blank">entire staff handbook</a> as a PDF.</span></p>
<h5><a name="top" id="top"></a>Authority: Director of Employee Relations &amp; Compensation</h5>
<p>7.1<span style="line-height: 1.538em;"> </span><a href="#se-o" style="line-height: 1.538em;">Staff Compensation Philosophy</a></p>
<p>7.2<span style="line-height: 1.538em;"> </span><a href="#se-tw" style="line-height: 1.538em;">Staff Compensation Policy</a></p>
<p>7.3<span style="line-height: 1.538em;"> </span><a href="#se-th" style="line-height: 1.538em;">Salary Budget</a></p>
<p>7.4<span style="line-height: 1.538em;"> </span><a href="#se-fo" style="line-height: 1.538em;">Changes in Position or Responsibilities</a></p>
<ul><li><span style="line-height: 1.538em;">7.4.1</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-o" style="line-height: 1.538em;">Promotion</a></li>
<li><span style="line-height: 1.538em;">7.4.2</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-tw" style="line-height: 1.538em;">Job Re-Evaluation</a></li>
<li><span style="line-height: 1.538em;">7.4.3</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-th" style="line-height: 1.538em;">Salary Impact from Job Evaluation</a></li>
<li><span style="line-height: 1.538em;">7.4.4</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-fo" style="line-height: 1.538em;">Transfers</a></li>
<li><span style="line-height: 1.538em;">7.4.5</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-fi" style="line-height: 1.538em;">Reductions in Grade/Demotions</a></li>
<li><span style="line-height: 1.538em;">7.4.6</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-si" style="line-height: 1.538em;">In-Grade Adjustments</a></li>
<li><span style="line-height: 1.538em;">7.4.7</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-se" style="line-height: 1.538em;">Equity Increases</a></li>
<li><span style="line-height: 1.538em;">7.4.8</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-ei" style="line-height: 1.538em;">Supplemental Compensation</a></li>
<li><span style="line-height: 1.538em;">7.4.9</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-ni" style="line-height: 1.538em;">Other Restrictions on the Use of Supplemental Compensation</a></li>
<li><span style="line-height: 1.538em;">7.4.10</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-te" style="line-height: 1.538em;">Pay Rate for Supplemental Compensation</a></li>
<li><span style="line-height: 1.538em;">7.4.11</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-ele" style="line-height: 1.538em;">Salaries Funded by Contracts and Grants</a></li>
<li><span style="line-height: 1.538em;">7.4.12</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-twe" style="line-height: 1.538em;">Volunteer Opportunities</a></li>
<li><span style="line-height: 1.538em;">7.4.13</span><span style="line-height: 1.538em;"> </span><a href="#se-fo-thi" style="line-height: 1.538em;">Exceptions</a></li>
</ul><h4><a name="se-o" id="se-o"></a>7.1 Staff Compensation Philosophy </h4>
<p class="Body">Saint Mary’s College celebrates the three traditions which have sustained it since its earliest years: liberal arts, Catholic and Lasallian. The College defends the goodness, dignity and freedom of each person, and fosters sensitivity to social and ethical concerns. The College seeks staff from diverse social, economic and cultural backgrounds who come together to grow in knowledge, wisdom and love. The staff salary policy reflects the mission, traditions and values of Saint Mary’s College of California as it relates to the larger world and to internal operations.</p>
<p class="Body">The College recognizes that it must attract and retain outstanding staff who are, first and foremost, committed to the College’s mission, and to their own personal and professional growth. Thus, the College is committed to paying competitive salaries according to the guiding principles of equity (internal fairness), stewardship (financial/fiscal prudence), market forces (external competitiveness) and sustained quality education that promotes the dialogue of faith and reason.</p>
<p class="Body">The following principles are derived from the College’s mission:</p>
<ul><li>Enable staff to support themselves and their dependents with dignity and an acceptable standard of living.</li>
<li>Attract staff to come to Saint Mary’s College for reasons first and foremost aligned with the mission. While an interest in the mission by the staff is necessary for a strong institution, the salary should be sufficient to attract and retain that staff in the San Francisco Bay Area.</li>
<li>Recognize that the long-term financial viability of the College depends upon balancing institutional values such as fairness and concern for individual dignity with fiscal prudence and market competitiveness. In doing so, the staff salary policy acknowledges that market forces are neither irrelevant to compensation practices nor sufficient as the sole justification for compensation practices.</li>
<li>Specify the circumstances under which differential hiring will be utilized and state how differential pay will be implemented. Favoritism will be expressly disqualified.</li>
<li>Assess both the market strategy of looking at extra compensation for “hard to hire” disciplines and for internal adjustments, the peer comparators, and the salary policy as a whole.</li>
<li>Define the conditions under which merit based recognition, a component of compensation and a legitimate mechanism for encouraging and rewarding individual performance consistent with the College’s mission and strategic plans, is administered including the process required for granting merit based recognition and the party responsible for exceptional decisions. Favoritism will be expressly disqualified. </li>
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<h4><a name="se-tw" id="se-tw"></a>7.2 Staff Compensation Policy </h4>
<p class="Body">The College maintains a staff salary policy which strives to embody internal equity and external competitiveness within budgetary constraints.</p>
<p class="Body">New employees’ salaries are determined by Human Resources in consultation with the hiring supervisor and are based on the salary paid to the previous incumbent, other salary dollars available within the department or the College, relevant market data, the type of position, its responsibilities, internal equity considerations and the new employee’s qualifications and experience.</p>
<p class="Body">Once an employee reaches the maximum base salary in his/her grade there is no increase in salary until the employee’s full-time equivalent (FTE) salary is once again within the salary range.</p>
<h5 class="Subhead3TOC"><a name="se-tw-o" id="se-tw-o"></a>7.2.1 Annual Increases</h5>
<p class="Body">The usual anniversary date for salary increases for staff employees is July 1st. The College has the right to change this anniversary date; if the date is changed, employees will be notified. Increases may be distributed across the campus to recognize all employee’s contributions to the College’s success or they may be distributed within a range of percentages that take into consideration individual merit based on a performance review, market, placement in salary range, or correction of internal inequities. Generally all regular employees are eligible for consideration for an increase, except that:</p>
<ul><li>Employees who have given notice of resignation, and whose termination date will be one month or less from the effective date of the annual increase (that is, those terminating prior to August 1st for a July 1<sup>st</sup> increase cycle) will not be eligible for an increase.</li>
<li>Part-time or on-call employees must have worked a minimum of 400 hours within the 12 months preceding any annual increase cycle in order to be considered for an annual increase.</li>
<li>Employees hired after April 1st of the current year will not be eligible for an increase in the first increase cycle after date of hire.</li>
<li>Employees with current documented “Unsatisfactory” or “Needs Improvement” overall performance rating will not receive an increase. Employees with an overall “Needs Improvement’ rating may be eligible for a non-retroactive increase if their subsequent performance returns to “Achieves Expectations” or better levels within six (6) months after the increase cycle effective date.</li>
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<h4><a name="se-th" id="se-th"></a>7.3 Salary Budget</h4>
<p class="Body">As part of the annual budgetary process, the Board of Trustees reviews the College Budget Committee’s recommendation on the size of the annual staff salary increase budget. The Board of Trustees may approve an annual staff salary increase budget, taking into account external and internal factors, including but not limited to financial resources available to the College from tuition, fees, and other sources of College income. Annual salary increases, if any, for staff are independent of faculty salary policies.</p>
<p class="Body">As a guide in establishing salaries, each year Human Resources participates in national, regional and local salary surveys to obtain past and current external market data on other colleges, universities and related institutions, and uses this data to adjust salary ranges as necessary. Each spring a compensation plan is developed based on the increase budget approved by the Board of Trustees addressing, to the extent possible, issues of highest concern among staff employees. The plan may periodically address any base salary increases for eligible staff employees, supplemental increases for employees who are lower in the salary range than peers, considering time in position or salary grade, and prior history of promotional, reclassification or other increases to pay. This area of focus has helped move longer-service employees to or closer to the midpoint of their salary ranges. These efforts of focus are subject to available financial resources in future years.</p>
<h5 class="Subhead3TOC"><a name="se-th-o" id="se-th-o"></a>7.3.1 Increased Cost of Benefits</h5>
<p class="Body">If the cost of mandatory or non-mandatory benefits increase, the funds necessary to meet these increases are allocated before other increases in compensation are considered. These increases may be due to increases in the College’s share of taxes and benefits, such as social security tax, retirement, health insurance, etc.</p>
<h5 class="Subhead3TOC"><a name="se-th-tw" id="se-th-tw"></a>7.3.2 Starting Pay</h5>
<p class="Body">Starting pay is the rate initially offered to an individual not currently employed by the College. New employees’ salaries are determined by Human Resources in consultation with the hiring supervisor<b><i> </i></b>and are based on:</p>
<ul><li>the salary paid to the previous incumbent</li>
<li>other salary dollars available within the department or the College</li>
<li>job market-related pressure on salary levels</li>
<li>Internal budget constraints</li>
<li>internal equity considerations </li>
<li>the position responsibilities</li>
<li>the extent to which the employee’s level of education and years of experience exceed the minimum requirements for the position</li>
<li>the College’s salary grade ranges for staff positions</li>
</ul><p class="Body">If there are any department concerns, special circumstances (highly competitive labor market, unusual skills), etc. Human Resources will review the final candidate’s work and educational/training history and the appropriate experience and education specifications. This review is used to establish a preliminary offer rate, which will be at least the salary grade minimum but not generally higher than the grade midpoint. The hiring supervisor and Human Resources will consider internal equity which may affect the final rate offered. An internal equity review may include consideration of the salaries of employees in similar/related jobs with the organization as well as the salary of the supervisor/manager, the salaries of any subordinate employees, and the salaries of employees in related career paths, and finally the appropriateness of the proposed salary within the assigned salary range based on the employee’s specific skills, competencies, education, experience, and performance.</p>
<p class="Body">Starting salaries above the midpoint may be considered for individuals who have directly related unique competencies, or directly related experience or education that is extensively beyond the minimum requirements of the position, as determined in consultation with HR, or in cases of unusually critical market-related pressure on salary levels. A written justification for all salaries above the midpoint must be submitted with the hire packet and be approved by the area vice president, the Provost, the SVP Finance, and Human Resources, as appropriate.</p>
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<h4><a name="se-fo" id="se-fo"></a>7.4 Changes in Position or Responsibilities</h4>
<h5><a name="se-fo-o" id="se-fo-o"></a>7.4.1 Promotion</h5>
<p class="Body">The change of an employee from one position to another position that has a higher salary range is termed a promotion. This movement is usually the result of the employee applying for and being selected for a position through the recruitment and selection process.</p>
<p class="Body">Individuals promoted into a higher level position in the College generally receive a promo­tional increase. Human Resources will work with the hiring supervisor/manager to determine the appropriate promotional increase before the offer is made and before potential pay is discussed with the employee. The new salary will not be less than the minimum or more than the maximum of the range assigned to the position. Promotions of one grade level will generally result in an increase of 5%. Promotions of two or more grade levels will generally result in an increase of 8%–12%.The factors that impact promotional increases include, but are not limited to:</p>
<ul><li>Degree to which job responsibility increased</li>
<li>Amount and date of the employee’s previous salary adjustment</li>
<li>Salaries of employee’s new peer group, relative to experience and time in position and/or salary grade</li>
<li>College-wide internal equity issues</li>
<li>Budgetary constraints</li>
</ul><p class="Body">Supervisors must consult with HR to determine the amount of the promotional increase. Approvals required include those of the Assistant Vice President of Human Resources<b></b></p>
<h5><a name="se-fo-tw" id="se-fo-tw"></a>7.4.2 Job Re-Evaluation</h5>
<p class="Body">Re-evaluation occurs when the duties and responsibilities of a job change significantly enough to change the salary grade level to which a job is assigned. A revised job description (Position Source Document [PSD] form) must be submitted to Human Resources. Human Resources will review the manager’s written justification and the revised position source document (PSD) and will follow up with the manager, as needed, for additional information. If the changes are significant and result in a change of the salary grade level then the appropriate salary change guidelines will be followed to adjust incumbents’ salaries. Pay changes will normally be effective the start of the first full pay period of the month following the review. Re-evaluation reviews are not conducted in June because of the annual increase cycle, if any. Review requests received in June will be reviewed in the July/August timeframe.</p>
<p class="Body">The content of a job can change over time: the content of a job can significantly increase in complexity or responsibility, or the content of a job can decrease because responsibili­ties or duties of higher level have been removed. To ensure that job evaluations are done in a fair and even manner across the Campus, the appropriate job grade is determined by Human Resources, with input from the Department VP or his/her designee. Actions resulting from re-evaluation may include:</p>
<ul><li><b>Re-Evaluation Downward: </b>The movement of an employee’s current position to a different salary grade having a lower salary range is termed a downward re-evaluation. Salary grade level downgrades may occur as a result of:</li>
<ul><li>An employee’s personal request (voluntary downgrade);</li>
<li>Documented inadequate job performance (demotion); or</li>
<li>Other reasons (for example when a function is reorganized or has become obsolete and an employee is being moved to an available job at a lower grade level).</li>
</ul></ul><p>When a downgrade is due to a reassignment of duties and responsibilities unrelated to the employee’s performance and not requested by the employee, Human Resources will determine the employee’s new salary based on an individual assessment of the facts and circumstances. Generally, the employee’s salary will be maintained except when this causes significant internal equity concerns or when the salary would exceed the range maximum.</p>
<p>Upon downward re-evaluation at the employee’s request, the employee’s salary will be placed immediately within the appropriate position in the salary range of the new position. Salary setting should consider:</p>
<ul><ul><li>The difference in level of responsibilities between the new and old assignments.</li>
<li>Comparison of proposed salary with salaries of others (in the unit, department, or cross-campus).</li>
</ul><li><b>Re-Evaluation Lateral:</b> The movement of an employee’s current position to a different job family or job title having the same salary range is termed a lateral re-evaluation. There is generally no salary increase associated with this type of action.</li>
<li><b>Re-Evaluation Upward:</b> The movement of an employee’s current position to a different salary grade having a higher salary range is termed an upward re-evaluation. Any pay increase is normally 5% subject to availability of funds in the College or organizational unit’s budget pools for the fiscal year. In rare instances, any salary adjustment above this amount for an employee who is in a position that is re-evaluated upward needs to include consideration of and be based upon:</li>
<ul><li>The difference in responsibilities between the new and old positions.</li>
<li>Comparison of proposed salary with the salaries of others (in the unit, department, or cross-campus).</li>
<li>Position in the range.</li>
<li>Potential for future salary growth in the range.</li>
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<h5><a name="se-fo-th" id="se-fo-th"></a>7.4.3 Salary Impact from Job Evaluation</h5>
<p class="Body">Job re-evaluations that result in a higher grade generally include an increase in salary, especially if required to bring the incumbent to the minimum of the new salary range for the current year. Job re-evaluations that result in a lower grade typically do not result in a decrease in salary, unless the incumbent’s salary is outside of the maximum of the new salary range for the current year. In that instance the incumbent’s salary would typically be reduced to the maximum of the new salary range for the current year in two steps three (3) months apart. If the salary will decrease, the first step reduction will not be effective until ninety (90) days (to coincide with the start of the next full pay period) after the employee has been notified in writing of the salary change. The second and final step reduction will be effective ninety (90) days after the first step reduction (to coincide with the start of the next full pay period).</p>
<h5><a name="se-fo-fo" id="se-fo-fo"></a>7.4.4 Transfers</h5>
<p class="Body">An individual is considered to have been laterally transferred when he/she is placed in another job having the same salary range, either in the same department or in a different department. Lateral moves generally do not result in a salary increase. Exceptions require the approval of the Assistant Vice President of Human Resources.</p>
<h5><a name="se-fo-fi" id="se-fo-fi"></a>7.4.5 Reductions in Grade/Demotions</h5>
<p class="Body">All reductions in grade should be discussed with and pre-approved by the Assistant Vice President of Human Resources or her/his designee. Reductions in grade may occur due to:</p>
<ul><li><b>Re-evaluation</b> – (See the “Job Re-evaluation” section above).</li>
<li><b>Career or Other Voluntary Change</b><b> </b>– an employee may choose to make a career change by taking a position in a lower salary grade in a different department. When this occurs the employee’s salary may be reduced, depending on several factors including internal equity and budgeted salary for the position.</li>
<li><b>Demotion</b> – the change of an employee from one position to another position that has a lower grade and salary range is termed a demotion. When a downgrade is involuntary Human Resources will determine the employee’s new salary based on an individual assessment of the facts and circumstances. HR will take into consideration the employee’s experience and education relative to the new job and will conduct an internal equity review. Generally salaries are not decreased, except that the salary will not exceed the maximum of the new salary grade level.</li>
<li><b>Reduction-in-Force</b> – when staffing needs are reduced based on the College’s programmatic or business needs and an individual accepts or is placed in a position in a lower salary grade, the guidelines for Reductions in Grade/Demotions apply. If the employee affected accepts or is placed in a position at the same level, the guidelines for lateral transfer apply.</li>
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<h5><a name="se-fo-si" id="se-fo-si"></a>7.4.6 In-Grade Adjustments</h5>
<p class="Body">An in-grade adjustment is a change to an employee’s base salary as a result of:</p>
<ul><li><span style="line-height: 1.538em;">A permanent change in job duties and responsibilities which are significant but do not change the pay grade of the job.</span></li>
<li><span style="line-height: 1.538em;">Market equity (this is most common when labor market pressures force pay rates for new hires up, resulting in inequitable pay between new and current incumbents when comparing skills, competencies, and experience).</span></li>
<li><span style="line-height: 1.538em;">Supervisors may request consideration for in-grade adjustments by submitting documentation supporting the request. Human Resources may also identify the need for equity adjustments based on market or internal salary studies.</span></li>
</ul><p class="Body">It should be noted that in-range salary adjustments are not routine and will need to be fully justified. Requests for in-range adjustments must be made to, and approved by, the Director of Employee Relations &amp; Compensation.</p>
<h5><a name="se-fo-se" id="se-fo-se"></a>7.4.7 Equity Increases</h5>
<ul><li>An equity increase may be granted under unusual circumstances and is typically based on a serious salary inequity which cannot be corrected through the annual increase cycle, if any.</li>
<li>A salary inequity exists when an employee’s salary is significantly below that of those in similar positions with similar performance, experience, skills, knowledge, and assignments. Examples of situations which may indicate a salary inequity include:</li>
<ul><li>The salary of a long-term employee is low relative to a new hire whose salary is highly market-driven.</li>
<li>There is a significant salary compression between a supervisor and his/her employees.</li>
<li>An employee changes from a temporary/limited-term to a regular position in the same job family.</li>
<li>Market factors influencing recruitment and retention.</li>
</ul><li>An equity increase may be considered for employees who have assumed a substantial increase in scope of ongoing responsibilities that she/he is currently performing, but not enough for a re-evaluation or promotion to a higher grade level. For example, an employee may be asked to run additional programs at the same complexity level as current programs run by the employee.</li>
<li>Upon a lateral move, normally there will be no change in salary. In exceptional cases, an employee may be considered for an equity increase.</li>
<li>The department head will submit the request through appropriate channels to Human Resources for a determination in consultation with the department and senior management as appropriate.</li>
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<h5><a name="se-fo-ei" id="se-fo-ei"></a>7.4.8 Supplemental Compensation</h5>
<p class="Body">Saint Mary’s College Supplemental Compensation Policy is designed to allow for extra compensation for work performed by full-time employees that are outside of their normal position responsibilities. Extra compensation is not intended to compensate employees for cooperative work between College departments where staff provide support for each other on an ongoing basis. In all cases the employee’s primary assignment takes priority over the work performed for another unit. Supplemental compensation must be reviewed and approved per the requirements below. Supplemental pay should not be discussed with the employee until after appropriate approvals have been received.</p>
<p class="Subhead4"><strong>7.4.8.1 Non-exempt Employees</strong></p>
<p class="Body">While California law requires that for non-exempt employees any hours worked in excess of 8 hours a day or 40 hours per week must be paid at the appropriate overtime rate. Saint Mary’s College has historically and is currently voluntarily paying overtime to non-exempt employees who perform additional work in excess of 7.5 hours per day or 37.50 or 40 hours per week will be compensated at their applicable overtime rate. This would include non-exempt staff who work special events (i.e., Athletic or Student Life).</p>
<p class="Subhead4"><strong>7.4.8.2 Exempt Employees</strong></p>
<p class="Body">Under the Fair Labor Standards Act, exempt employees are not paid on the basis of the number of hours worked. Exempt employment is a professional relationship whereby employees are given the flexibility to exercise professional judgment both in how and when the work is done. They are expected to meet operational needs and are evaluated on results achieved. Therefore, exempt employees do not normally receive extra compensation for work conducted beyond the normal forty (40) hours per week. However, exempt employees may in limited circumstances receive additional compensation from the College for work performed outside the employee’s department. Exempt employees are paid a guaranteed salary for each workweek in which work is performed regardless of the hours worked.</p>
<p class="Body">However, occasionally exempt employees may be requested to perform duties or projects that are substantially beyond and different from their primary function. These duties may include, but are not limited to:</p>
<ul><li>Event Staff</li>
<li>Guest Speaker/Honoraria</li>
<li>Interim/Acting Appointments</li>
<li>Special Projects or Research</li>
</ul><p class="Subhead4"><strong>7.4.8.3 Staff Positions Requiring Teaching</strong></p>
<p class="Body">Ordinarily, those exempt and non-exempt staff positions that require teaching of regular or specialized courses are considered to be compensated as part of their base salary. In these cases, it is expected that all teaching duties, <i>including</i> advising, class preparation, instruction, grading and student/administration interactions, will take place as part of the expected duties of the position.”</p>
<p class="Body">All timekeeping by <i>non-exempt</i> staff members should always accurately reflect all working time, including time spent performing staff administrative work <i>and</i> teaching duties. Any work done beyond 7.5/8 hours in a work day or 37.5/40 hours in a work week will be paid at the applicable overtime rate of the individual based on the staff position. Attendance reports for teaching must be submitted on the 5<sup>th</sup> and 20<sup>th</sup> of each month.</p>
<p class="Body">Staff members teaching within their staff position must seek prior supervisor and Human Resources approval before working in addition to normal range of responsibilities, consistent with standard College policies.</p>
<p class="Subhead4"><strong>7.4.8.4 Teaching Outside the Staff Position</strong></p>
<p class="Body">Staff who are qualified and have been asked to teach a course where some or all of the teaching duties occur <i>outside</i> the staff member’s normal work duties may only do so with the advance approval of their supervisor, dean, director, and with review by Human Resources of any written agreements. In these situations, the teaching staff member will be appointed and compensated as a Lecturer through a separate agreement. The Lecturer status shall not change the at-will status of the staff position.</p>
<p class="Body">It is the policy of the College that staff devote their full effort to their primary staff function. For those staff teaching outside of their staff positions, all teaching duties, <i>including</i> advising, class preparation, instruction, grading and student/administration interactions, will take place <i>outside</i> the normal work day, or consistent with a flexible work schedule that is designed to prevent the interference of the separate duties of the regular staff position and the teaching appointment. Supervisors, in consultation with Human Resources as appropriate, have the responsibility of determining how and whether the teaching of courses will impact the department and its productivity, and thereafter determining whether such an arrangement may be approved or can be maintained.</p>
<p class="Body">Again, all timekeeping by <i>non-exempt</i> staff members should always accurately reflect all working time, including staff administrative work <i>and</i> time spent on the teaching duties described above. Any work done beyond 7.5/8 hours in a work day or 37.5/40 hours in a work week will be paid at the applicable overtime rate of the individual based on the staff position. Attendance reports for teaching must be submitted on the 5<sup>th</sup> and 20<sup>th</sup> of each month.</p>
<p class="Body">Supervisors and staff employees requesting additional information regarding the administration of this policy may contact the Director of Employee Relations &amp; Compensation or the Assistant Vice President for Human Resources.</p>
<p class="Subhead4"><strong>7.4.8.5 Stipend Administration</strong></p>
<p class="Body">A stipend is a payment to a staff member for duties performed that are outside of their normal job duties and responsibilities. Both full-time and part-time exempt staff may be considered for stipends. The Assistant Vice President for Human Resources must approve any stipend intended to be paid to non-exempt employees before they can be offered and paid. If you are not sure whether a staff employee to whom you wish to pay a stipend is non-exempt or exempt, you must check with the Human Resources office.</p>
<p class="Body">Please note that any change in individual’s regular pay, any change that results in a change of hours, or any other change in regular compensation (e.g., a re-evaluation of the position) should not be handled with a stipend request, but instead requires the advance consultation with Human Resources for the completion of the appropriate personnel action notification or contract documentation.</p>
<p class="Body">It should be noted that nearly all employees are expected to periodically fill in for colleagues’ vacations (or other short-term absences) as well as to perform special projects or temporary tasks; such work is considered a normal part of the job. It is when a temporary assignment (i.e., assignment to a special project, reassignment during organizational changes, filling a vacant job, extended leave of another employee, etc.) is expected to exceed 30 calendar days that additional temporary compensation may be warranted. Additional compensation to include stipends is appropriate when an individual is assigned a major component of a job which is at a higher salary grade and the employee is held accountable for the scope of that component for greater than a 30-day period. The amount of additional compensation will typically range between 5% and 10% of the employee’s current base salary, based upon the percent of duties being assumed and the grade level of the job duties being covered.</p>
<p class="Body">The additional pay will generally not be less than the minimum for the salary grade level of the higher duties, if the employee is fully responsible for the job.</p>
<p class="Body">Supervisors/managers must receive approval from Human Resources for stipend or additional pay; such pay should not be discussed with the employee until after appropriate approvals have been received.</p>
<p class="Subhead4">Criteria to Consider for Recommending Stipends</p>
<ul><ul></ul></ul><ol><li>In recommending a stipend, managers should consider various criteria, including the length of the assignment, breadth of responsibilities, whether the responsibilities are at a significantly higher level than the regular assignment, position within the salary range, and comparisons with salaries of others. For stipends granted to an employee who temporarily fills in for a higher level employee, normally the resulting salary will not exceed the salary of the permanent incumbent.</li>
<li>For the employee to be considered for a stipend, the assignment must be for at least one month.</li>
<li>The amount of a stipend will normally be no greater than the amount which could be granted upon promotion to the higher grade.</li>
<li>A stipend will normally not exceed six months. An extension beyond six months requires the prior approval of Human Resources.</li>
<li>When an across the board or merit increase is awarded during the temporary assignment, the administrative stipend may be recalculated relative to the new base salary.</li>
<li>Administrative stipends require the prior review and approval of the department head, dean, or director. The assigned HR Consultant/Representative, and the Director of Employee Relations &amp; Compensation are available for consultation, as appropriate.</li>
<li>All stipends are considered compensation and are charged against an identified and appropriate existing salary line in the requesting department’s budget/general ledger.</li>
<li>For non-exempt employees, Human Resources must determine if any proposed stipend will comply with the wage and hour laws that cover hourly income and overtime.</li>
<li>No stipend shall be paid for the performance of duties within the employee’s existing job responsibilities (whether exempt or non-exempt).</li>
<li>Stipends can be paid in lump sum or in increments. However, the final payment should not be made until all agreed-upon duties have been completed satisfactorily.</li>
</ol><p><a href="#top">back to top</a></p>
<h5><a name="se-fo-ni" id="se-fo-ni"></a>7.4.9 Other Restrictions on the Use of Supplemental Compensation</h5>
<p class="Body">Supplemental compensation may be authorized, subject to all of the following restrictions:</p>
<ul><li>To qualify for supplemental compensation, the additional work must be performed outside the employee’s department, with the employee’s work being reviewed by someone other than the employee’s regular supervisor.</li>
<li>The additional work for which extra compensation is to be paid may not, in the opinion of the employee’s supervisor and dean or director:</li>
<ul><li>Create a time conflict with the performance of the employee’s regular duties and assignments or</li>
<li>Constitute a “conflict of interest” involving the employee, such as a situation that competes with the interests of the employee’s primary assignment or the department’s interests.</li>
</ul><li>The additional work for which extra compensation is to be paid must be short-term, non-repetitive, and is restricted in both the number or hours worked and the duration of the assignment.</li>
<li>Supplemental compensation in the form of stipends should only be approved for Director and below staff positions. Deans, Vice Provosts, Vice Presidents and any Cabinet level position are excluded from receiving any additional forms of supplemental compensation, including stipends. Exceptions to this policy will require the approval of the Assistant Vice President of Human Resources in consultation with the Provost and the Vice President for Finance.</li>
</ul><p class="Subhead4"><strong>7.4.9.1 Required Approvals</strong></p>
<p class="Body">Before an exempt employee performs work which is in addition to their regularly assigned and scheduled duties, the employee must receive prior written authorization from her/his immediate supervisor and dean or director, the dean or director responsible for the department where the work will be performed. All requests for Supplemental Compensation must be approved by Human Resources.</p>
<p class="Body">The exempt employee may be required to track hours worked on additional duties. Additional work cannot interfere or conflict with normal working hours and primary job functions. If this occurs the supervisor is responsible for notifying Human Resources and resolving the interference or conflict and, if necessary, withdrawing authorization for the additional work. If authorization for additional work is withdrawn, the additional duties and pay will end.</p>
<p class="Body">Taking on additional duties as set forth in this section shall not change the at-will nature of the employment relationship between the College and the employees. Any additional compensation will be paid by payroll and all normal applicable taxes will be deducted.</p>
<h5><a name="se-fo-te" id="se-fo-te"></a>7.4.10 Pay Rate for Supplemental Compensation</h5>
<p class="Body">When supplemental compensation is authorized, the rate of pay must be in accordance with the College’s pay scale for the type of work being done and must be approved by Human Resources.</p>
<h5><a name="se-fo-ele" id="se-fo-ele"></a>7.4.11 Salaries Funded by Contracts and Grants</h5>
<p class="Body">Staff employees whose salaries are funded by contracts or grants are subject to all the provisions of this policy and proposed salary levels and annual increases must comply with this policy.</p>
<h5><a name="se-fo-twe" id="se-fo-twe"></a>7.4.12 Volunteer Opportunities</h5>
<p class="Body">Notwithstanding the policy above the College appreciates and encourages its employees to engage in non-compensated activities that benefit the College, the employee and its students.</p>
<p class="Body">These activities may include volunteering for commencement, baccalaureate, student productions, College-wide initiatives, social justice programs, Mission and Ministry events and many others.</p>
<h5><a name="se-fo-thi" id="se-fo-thi"></a>7.4.13 Exceptions</h5>
<p class="Body">Any exceptions to this policy must be approved, in writing, by the Assistant Vice President for Human Resources.</p>
<p class="Body"><a href="#top">back to top</a></p>
</div></div></div><div class="field field-name-field-files field-type-file field-label-hidden"><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="PDF icon" title="application/pdf" src="/modules/file/icons/application-pdf.png" /> <a href="https://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-7.pdf" type="application/pdf; length=200365">2014_Staff-Handbook_sec-7.pdf</a></span></div></div></div><div class="field field-name-field-tags field-type-taxonomy-term-reference field-label-above"><div class="field-label">Tags:&nbsp;</div><div class="field-items"><div class="field-item even"><a href="/tags/compensation" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Compensation</a></div><div class="field-item odd"><a href="/tags/promotion" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Promotion</a></div><div class="field-item even"><a href="/tags/demotion" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Demotion</a></div><div class="field-item odd"><a href="/tags/annual-increases" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Annual Increases</a></div><div class="field-item even"><a href="/tags/equity-increases" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Equity Increases</a></div><div class="field-item odd"><a href="/tags/cost-of-benefits" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Cost of Benefits</a></div><div class="field-item even"><a href="/tags/salary" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Salary</a></div><div class="field-item odd"><a href="/tags/transfer" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Transfer</a></div><div class="field-item even"><a href="/tags/job-re-evaluation" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">job re-evaluation</a></div><div class="field-item odd"><a href="/tags/stipend" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">stipend</a></div><div class="field-item even"><a href="/tags/position-change" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">position change</a></div></div></div><div class="field field-name-field-inherit-parent-footer1 field-type-list-boolean field-label-above"><div class="field-label">Inherit area contact information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer2 field-type-list-boolean field-label-above"><div class="field-label">Inherit area middle block information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer3 field-type-list-boolean field-label-above"><div class="field-label">Inherit area Tint Board Pop-up information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div>Tue, 07 May 2013 16:27:02 +0000SaraProd Lafassett28456 at https://www.stmarys-ca.eduSection 3: Working at Saint Mary's Collegehttps://www.stmarys-ca.edu/human-resources/2014-staff-handbook/section-3-working-at-saint-marys-college
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p><a href="#fivedoteight" style="line-height: 1.538em;"></a><span style="line-height: 1.538em;">Download <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-3.pdf" target="_blank">this section</a> or the <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_Ed1.pdf" target="_blank">entire staff handbook</a> as a PDF.</span></p>
<h5><a name="top" id="top"></a>Authority: Assistant Vice President of Human Resources</h5>
<p>3.1 <a href="#th-o">Employee Status Definitions</a></p>
<ul><li>3.1.1 <a href="#th-o-o">Full-time</a></li>
<li>3.1.2 <a href="#th-o-tw">Part-time</a></li>
<li>3.1.3 <a href="#th-o-th">Employees Working Fewer than Twelve Months per Year</a></li>
<li>3.1.4 <a href="#th-o-fo">Employee vs. Independent Contractor</a></li>
<li>3.1.5 <a href="#th-o-fi">Regular</a></li>
<li>3.1.6 <a href="#th-o-si">Temporary/Limited</a></li>
<li>3.1.7 <a href="#th-o-se">Contract</a></li>
<li>3.1.8 <a href="#th-o-ei">On-Call</a></li>
<li>3.1.9 <a href="#th-o-ni">Student</a></li>
<li>3.1.10 <a href="#th-o-te">Exempt vs. Non-exempt</a></li>
</ul><p>3.2 <a href="#th-tw">Attendance / Work Hours</a></p>
<ul><li>3.2.1 <a href="#th-tw-o">Attendance Policies and Procedures</a></li>
<li>3.2.2 <a href="#th-tw-tw">Pay Days</a></li>
<li>3.2.3 <a href="#th-tw-th">Paychecks</a></li>
<li>3.2.4 <a href="#th-tw-fo">Direct Deposit</a></li>
<li>3.2.5 <a href="#th-tw-fi">Garnishments</a></li>
<li>3.2.6 <a href="#th-tw-si">Pay and Vacation Records</a></li>
</ul><p>3.3 <a href="#th-th">Other Types of Pay for Non-Exempt Employees</a></p>
<ul><li>3.3.1 <a href="#th-th-o">Overtime</a></li>
<li>3.3.2 <a href="#th-th-tw">Rest Periods</a></li>
<li>3.3.3 <a href="#th-th-th">Meal Breaks</a></li>
<li>3.3.4 <a href="#th-th-fo">Travel Time</a></li>
<li>3.3.5 <a href="#th-th-fi">Call-in Pay</a></li>
<li>3.3.6 <a href="#th-th-si">On-Call / Standby Pay</a></li>
<li>3.3.7 <a href="#th-th-se">Shift Differential Pay</a></li>
</ul><p>3.4 <a href="#th-fo">Other Schedule-Related Policies</a></p>
<ul><li>3.4.1 <a href="#th-fo-o">Work Week</a></li>
<li>3.4.2 <a href="#th-fo-tw">Office Hours</a></li>
<li>3.4.3 <a href="#th-fo-th">Ten (10) or Eleven (11) month Positions</a></li>
<li>3.4.4 <a href="#th-fo-fo">Alternative Workweek</a></li>
<li>3.4.5 <a href="#th-fo-fi">Flexible Work Schedule</a></li>
<li>3.4.6 <a href="#th-fo-si">Make Up Time</a></li>
<li>3.4.7 <a href="#th-fo-se">Adjusted / Flexible Work Week</a></li>
</ul><p>3.5 <a href="#th-fi">Personnel Records – Confidentiality and Access</a></p>
<ul><li>3.5.1 <a href="#th-fi-o">Access</a></li>
<li>3.5.2 <a href="#th-fi-tw">Contents of Files</a></li>
<li>3.5.3 <a href="#th-fi-th">Employee Inspection of Personnel File</a></li>
<li>3.5.4 <a href="#th-fi-fo">Other Requests for Personnel Information</a></li>
</ul><p>3.6 <a href="#th-si">Maintaining Current Employee Information</a></p>
<ul><li>3.6.1 <a href="#th-si-o">Personal Data</a></li>
<li>3.6.2 <a href="#th-si-tw">Retention of Files</a> </li>
</ul><h4><a name="th-o" id="th-o"></a>3.1 Employee Status Definitions</h4>
<h5><a name="th-o-o" id="th-o-o"></a>3.1.1 Full-time</h5>
<p>Any employee scheduled to regularly work 1,950 hours per year or more. Example:</p>
<ul><li>Employees working 37.5 hours per week for 12 months per year, or employees working 40 hours per week for 12 months per year</li>
</ul><h5><a name="th-o-tw" id="th-o-tw"></a>3.1.2 Part-time</h5>
<p class="Body">Any employee scheduled to regularly work fewer than 1,950 hours per year. Example:</p>
<ul><li>Employees working 37.5 hours per week for 10 months per year (1,625 hours per year)</li>
<li>Employees working 40 hours per week for 11 months per year (1,907 hours per year)</li>
</ul><h5><a name="th-o-th" id="th-o-th"></a>3.1.3 Employees Working Fewer than Twelve Months per Year</h5>
<p class="Body">Schedules for staff working fewer than 12 months per year are intended for those student-related positions not needed a month or more during the summer when undergraduate classes are not in session; examples: Health and Wellness, Counseling Center and other area positions. Authorization to work fewer than 12 months a year must be approved by the dean or director and the area Vice President or Vice Provost and the Assistant Vice President of Human Resources or designee. This change needs to be formally submitted to Human Resources so a letter can be prepared for the employee that outlines the requirements and benefits changes that occur with this change of status. For example, the employee and supervisor need to designate the month(s) the employee will not be working. Normally those with reduced schedules are paid their less-than-fulltime salary over 12 months.</p>
<p class="Body">Those working less than twelve months who terminate mid-year will have their final pay calculated based on the weeks/hours worked from a fiscal year versus paid time basis. The calculation will be prepared at the time of termination by Payroll as verified by HR. Any hours overpaid by the College will be the employee’s responsibility to be paid at the time of termination and can be deducted from any hours owed for accrued vacation. In other words at the point of termination the College will have paid the employee all hours due and can deduct any hours due to Saint Mary’s if applicable.</p>
<h5><a name="th-o-fo" id="th-o-fo"></a>3.1.4 Employee vs. Independent Contractor</h5>
<p class="Body">Employees are on the College payroll, are subject to withholding and may be eligible for applicable<strong> </strong>College benefits. An independent contractor or outside consultant is not a College employee, is self-employed, and is not eligible for any College benefits. Status determinations are made only by Human Resources.</p>
<h5><a name="th-o-fi" id="th-o-fi"></a>3.1.5 Regular</h5>
<p class="Body">Any employee who is employed at-will for an indefinite time period or has a contract for a specified period of time.</p>
<h5><a name="th-o-si" id="th-o-si"></a>3.1.6 Temporary/Limited</h5>
<p class="Body">A “temporary” or “limited” employee is any employee hired for a limited period of time, during which the employee is expected to be on pay status for less than 1040 hours in a 12-month period. Temporary/Limited employees are not eligible for College benefits other than those required by law (e.g. unemployment, workers’ compensation, State disability), except that when the employee has attained 1,040 hours but fewer than 1,950 hours in a consecutive 12-month period without a break in service of at least 120 consecutive calendar days, the employee is eligible for prorated holidays, vacation and sick leave based on the employee’s “Full-time Equivalent” (FTE).</p>
<h5><a name="th-o-se" id="th-o-se"></a>3.1.7 Contract</h5>
<p class="Body">A contract position is an position established at a fixed or variable percentage of time for a definite period. Terms and conditions of employment are specified in a written employment contract.</p>
<h5><a name="th-o-ei" id="th-o-ei"></a>3.1.8 On-Call</h5>
<p class="Body">A pool of temporary employees maintained by Human Resources to provide support services for short- and long-term assignments, e.g., during regular employees’ vacations or medical leaves, or special projects. On-call employees are not eligible for College benefits other than those required by law (e.g. unemployment, workers’ compensation, State disability).</p>
<h5><a name="th-o-ni" id="th-o-ni"></a>3.1.9 Student</h5>
<p class="Body">A student position is a position which is reserved for a regular student of Saint Mary’s College. Such a position retains the designation of student regardless of the percent of full-time or the duration of the position.</p>
<h5><a name="th-o-te" id="th-o-te"></a>3.1.10 Exempt vs. Non-exempt</h5>
<p class="Body">Federal and state wage and hour laws inform whether employees are classified as exempt or non-exempt on the basis of the employee’s current job duties, and for part time exempt positions, earnings per month. Determination of exempt or non-exempt status, as informed by applicable laws, is made by Human Resources.</p>
<ul><li><strong><em>Non-Exempt</em></strong> – Non-exempt employees are in positions that do not meet the FLSA tests for exemption from overtime, or other employee categories such as those earning less than two times the California state minimum wage (currently $2,733.33 per month for a 40-hour week), regardless of the FLSA classification.</li>
<ul><li>Full-time non-exempt employees are expected to work either 7.5 or 8 hours per day, and 37.5 or 40 hours per week, as assigned.</li>
<li>Non-exempt employees must report actual hours worked, must account for all time off, and are eligible for pre-approved overtime pay based on actual hours worked in a day or week.</li>
<li>Non-exempt employees are not eligible for compensatory time.</li>
<li>Non-exempt employees are expected/required to take two 15 minute paid breaks and ½ hour unpaid lunch period during their scheduled day.</li>
<li>Non-exempt employees may not make up time. Make up time is defined as taking time off in a week and making it up within the same week.</li>
</ul><li><strong><em>Exempt</em></strong> – Exempt employees include those employees who earn a minimum of $2,733.33 per month (or two times minimum wage for a 40-hour week), are salaried, and have executive, managerial, professional or administrative responsibilities that meet Fair Labor Standards (FLSA) tests.</li>
<ul><li>Exempt employees are not eligible for overtime pay, compensatory time, or specific meal periods and rest periods.</li>
</ul></ul><p><span style="line-height: 1.538em;">Exempt employees’ work week usually consists of at least 40 hours per week; exempt employees are expected to work until their responsibilities have been </span><span style="line-height: 1.538em;">completed.</span></p>
<p><span style="line-height: 1.538em;"><a href="#top">back to top</a></span></p>
<h4 style="line-height: 1.538em;"><a name="th-tw" id="th-tw"></a>3.2 Attendance / Work Hours</h4>
<p class="Body" style="line-height: 1.538em;">The College has policies regarding work hours and attendance to provide consistency among College departments.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-o" id="th-tw-o"></a>3.2.1 Attendance Policies and Procedures</h5>
<p class="Body" style="line-height: 1.538em;">Every staff member is expected to be punctual, to observe required hours of work and to notify the department supervisor at the earliest possible time when he/she will be absent or late because of illness, emergency or other unexpected cause. Excessive unexcused absenteeism, patterns of absenteeism (e.g. repeated absences on Mondays and Fridays), or tardiness can result in disciplinary action, including termination. An employee who is absent three or more consecutive work days without notice is presumed to have voluntarily resigned.</p>
<p class="Body" style="line-height: 1.538em;">All staff employees and their supervisors must sign the attendance or exception report to document time off.</p>
<ul style="line-height: 1.538em;"><li><strong><em>Non-exempt</em></strong> employees are required to submit attendance reports to Payroll on the 5th and 20th of each month. Attendance reports must document all work time and absences during the pay period, and must be signed by both employee and supervisor, certifying that those are the hours actually worked during that period.</li>
<li><strong><em>Exempt</em></strong> employees are required to submit monthly absence reports to their supervisor, whether or not the exempt employee was absent during the month. Absence reports must note time off, e.g. vacation, holiday, sick leave, jury duty, bereavement or any other approved leave. Absence reports must be signed by both employee and supervisor, certifying that the time off indicated for that period is accurate and complete. Absence reports are due in Payroll by the 5th of each month for absences during the previous month.</li>
<li>The Payroll Office will not accept any unsigned attendance or absence reports. Failure or refusal to complete attendance or absence reports may result in disciplinary action.</li>
<li>If a supervisor believes an attendance or absence report submitted by an employee is not accurate, the supervisor should discuss the concern with the employee. The employee, not the supervisor, should make any changes to the employee’s timesheet or attendance report.</li>
<li>Attendance or absence records signed by employees’ supervisors, must accurately document all time off from work.</li>
</ul><p class="Body" style="line-height: 1.538em;">See <a href="http://www.stmarys-ca.edu/human-resources/2014-staff-handbook/section-8-benefits">Section 8 Benefits</a>: 8.1, 8.2, 8.4 and 8.5 for additional information on vacation and sick leave.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-tw" id="th-tw-tw"></a>3.2.2 Pay Days</h5>
<p class="Body" style="line-height: 1.538em;">Paydays are the 15th and the last day of the month. If either of these days falls on a weekend or College holiday, payday will be the workday before. The pay received on the 15th of the month compensates for work performed the 1st of the month through the 15th. The paycheck on the last day of the month is for work performed the 16th of the month through the end of the month.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-th" id="th-tw-th"></a>3.2.3 Paychecks</h5>
<p class="Body" style="line-height: 1.538em;">The Payroll Office is responsible for the preparation and disbursement of the payroll. Each employee’s pay advice (“pay stub”) will be available electronically via Gaelxpress by 8:00 a.m. each pay day. Individual pay advices will be available electronically for two (2) years following that pay day.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-fo" id="th-tw-fo"></a>3.2.4 Direct Deposit</h5>
<p class="Body" style="line-height: 1.538em;">Employees are strongly encouraged to have their paychecks deposited directly with their bank, credit union or other financial institution. Forms to sign up can be found at the Human Resources website, or outside the Human Resources office. Those employees who do not have direct deposit will have their paychecks mailed to them on payday.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-fi" id="th-tw-fi"></a>3.2.5 Garnishments</h5>
<p class="Body" style="line-height: 1.538em;">If the Payroll Office receives a court order to withhold (garnish) a portion of an employee’s paycheck, it will promptly notify the employee of the garnishment and his/her rights.</p>
<h5 style="line-height: 1.538em;"><a name="th-tw-si" id="th-tw-si"></a>3.2.6 Pay and Vacation Records</h5>
<p class="Body" style="line-height: 1.538em;">The Payroll Office posts attendance reports and pay records for all employees and Human Resources is the official keeper of the records as defined by law. In the event of a dispute, these signed attendance reports are the official records of the College and shall prevail. Human Resources is responsible for maintaining records of vacation time accrued and taken, and its records are the official records of the College.</p>
<p class="Body" style="line-height: 1.538em;">On a regular basis Human Resources audits the attendance records submitted by employees. Attendance reports may be questioned for accuracy and clarification at which time adjustments may be required.</p>
<p class="Body" style="line-height: 1.538em;">It is the responsibility of every employee to submit attendance reports in a timely manner as described in <a href="#th-tw-o">Section 3.2.1</a>. Failure to do so can be cause for discipline including termination.</p>
<p class="Body" style="line-height: 1.538em;"><a href="#top">back to top</a></p>
<h4 class="Subhead2TOC"><a name="th-th" id="th-th"></a>3.3 Other Types of Pay for Non-Exempt Employees</h4>
<h5><a name="th-th-o" id="th-th-o"></a>3.3.1 Overtime</h5>
<p class="Body">Overtime is paid to <em>non-exempt</em> employees under the following conditions and at the following rates:</p>
<ul><li>Employees who work more than 8 hours but fewer than 12 hours in one day, or more than 40 hours per week, will be compensated for the excess hours at the overtime rate of one and one-half times the employee’s straight time hourly rate of pay, beginning after the 8th hour in a day or after the 40th hour in a week.</li>
<li>Employees who work more than 12 hours per day are paid for hours beyond 12 at the overtime rate of two times the employee’s straight time hourly rate of pay.</li>
<li>While California law requires that for non-exempt employees, any hours worked in excess of 8 hours a day or 40 hours per week must be paid at the appropriate overtime rate, Saint Mary’s has historically and is currently voluntarily paying overtime to non-exempt administrative employees overtime for hours worked in excess of 7.5 hours per day or 37.5 hours per week.</li>
<li>All overtime must be authorized in advance and in writing by the supervisor.</li>
<li>Employees on an approved (by the Department of Labor) alternative work-week schedule shall be subject to the applicable overtime rules associated with the alternative schedule.</li>
</ul><p class="Body">Non-exempt employees are required by law and Saint Mary’s policy to report all hours worked accurately and honestly. Failure to do so can lead to discipline or termination. Supervisors are also required to verify the hours worked and will be held personally responsible for any approvals that may be recorded in error.</p>
<h5><a name="th-th-tw" id="th-th-tw"></a>3.3.2 Rest Periods</h5>
<p class="Body">Non-exempt employees working more than four (4) hours per day are entitled to a paid rest period of 15* minutes for each four hours worked (or major portion thereof). For employees who start work in the morning, the breaks should be taken mid-morning and mid-afternoon. Rest periods should be scheduled with the employee’s supervisor’s approval.</p>
<p class="Body">Note: Rest breaks may <em>not</em> be combined with or added onto meal breaks, even at the employee’s request. Nor can an employee use them to come in 15 minutes late or leave 15 minutes early in lieu of taking breaks.</p>
<p class="Body"><strong>*</strong>While California law requires only 10-minute rest breaks for non-exempt employees, Saint Mary’s practice is to provide rest breaks of 15 minutes for each four hours worked.</p>
<h5><a name="th-th-th" id="th-th-th"></a>3.3.3 Meal Breaks</h5>
<p class="Body">Non-exempt employees working more than five hours per day are <span style="text-decoration: underline;">required</span> to take a meal break of at least 30 minutes in approximately the middle of their work day. If six hours completes the work day, the meal<strong> </strong>break may be waived by mutual consent of the employee and supervisor, in writing. Meal breaks must be free of any work duties, and should not be taken at the employee’s desk. Meal<strong> </strong>breaks are unpaid and should be scheduled with the supervisor’s approval.</p>
<p class="Body">Note: rest periods and meal breaks may not be used to extend the employee’s starting time nor advance departure time.</p>
<p class="Subhead4"><strong>3.3.3.1 Failure to Provide or Take Meal and Rest Breaks</strong></p>
<p class="Body">California employers are required to provide rest periods and meal breaks for non-exempt employees as described above. Failure to provide or to take the rest breaks and meal breaks described above may result in disciplinary action.</p>
<h5><a name="th-th-fo" id="th-th-fo"></a>3.3.4 Travel Time</h5>
<p class="Body">With the exception of travel from home to work and back (commute), most travel time for non-exempt employees is considered work time. However, because travel time does not require the use of an employee’s skills, pay for travel time may be at a rate that is less than the employee’s normal rate of pay (at least minimum wage). For assistance in setting the appropriate rate for travel, consult with the Director of Employee Relations &amp; Compensation.</p>
<p class="Body">NOTE: When travel time is counted as work time, overtime may be due for applicable travel.</p>
<p class="Body">For those non-exempt employees traveling to a distant work place (out-of-area/state, conference, etc.) travel pay begins when she/he leaves to go to the airport, and ends when the employee arrives at the out-of-area hotel or meeting location. Upon return, work time begins when the employee leaves the meeting or hotel for the out-of-area airport and work time ends when the employee arrives at the home airport. For further detail, refer to Human Resources.</p>
<h5><a name="th-th-fi" id="th-th-fi"></a>3.3.5 Call-in Pay</h5>
<p class="Body">When a non-exempt employee is called in to work on a day other than his/her normal work schedule, the employee receives at least two (2) hours at the applicable hourly rate, even if the employee is not needed for the full two hours.</p>
<p class="Body">Call pay for an exempt employee is considered part of the exempt employee duties and is not compensable.</p>
<h5><a name="th-th-si" id="th-th-si"></a>3.3.6 On-Call / Standby Pay</h5>
<p class="Body">“On-call” time is not compensable if the non-exempt employee can use the time primarily for his/her own benefit. If a nonexempt employee is “on call” or required to carry a cell phone or similar device, the on-call time is normally not compensable unless the employee is required to stay at home or at work, there are geographic restrictions placed on the employee’s movement or there are other limitations on the employee’s ability to use the time for personal use, in which case the on-call time may qualify as hours worked. For clarification, see the Director of Employee Relations &amp; Compensation.</p>
<p class="Body">On-Call/Standby Pay for an exempt employee is considered part of the exempt employee duties and is not compensable.</p>
<h5><a name="th-th-se" id="th-th-se"></a>3.3.7 Shift Differential Pay</h5>
<p class="Body">The law does not require differential payment for shifts worked other than the employer’s normal hours. However, the College has determined that those non-exempt employees working a regular schedule of 3:30 pm to midnight (swing shift) will be paid an additional 5% of their normal pay, and those non-exempt employees working a regular schedule of midnight – 8:30 am (graveyard shift) will receive an additional 10% in pay. Variations of these schedules must be approved by Human Resources.</p>
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<h4><a name="th-fo" id="th-fo"></a>3.4 Other Schedule-Related Policies</h4>
<h5><a name="th-fo-o" id="th-fo-o"></a>3.4.1 Work Week </h5>
<p class="Body">The work week begins at 12:00 a.m. on Monday and ends at 11:59 p.m. on Sunday.</p>
<h5><a name="th-fo-tw" id="th-fo-tw"></a>3.4.2 Office Hours</h5>
<p class="Body">Most administrative offices of the College are normally open Monday through Friday, <br /> 8:30 a.m. – 4:30 p.m., 12 months per year, except for administrative (non-academic) holidays. Some academic offices are closed during certain periods of the year when students are not on campus. Seasonal or other variations in hours in some departments should be reviewed and approved by Human Resources.</p>
<p class="Body"><span style="font-size: 1.077em; font-weight: bold; line-height: 1.538em;"><a name="th-fo-th" id="th-fo-th"></a>3.4.3 Ten (10) or Eleven (11) month Positions</span></p>
<p class="Body">Some academic offices are closed during certain periods of the year when students are not on campus. Employees in those offices may be scheduled to work only ten (10) or eleven (11) months during the year. For more information, see <em>Employee Status</em><em> Definitions</em><em>,</em> earlier in this section.</p>
<h5><a name="th-fo-fo" id="th-fo-fo"></a>3.4.4 Alternative Workweek</h5>
<p class="Body">Alternative workweek schedules for non-exempt employees are closely regulated by the State Labor Commissioner. Departments interested in exploring alternative workweeks must consult with and obtain the approval of the Assistant Vice President of Human Resources or designee.</p>
<p class="Body">Alternative work weeks include 10 hour days for 4 days per week 9/80<a href="#_msocom_1">[AC1]</a> , 8 hours days for non-exempt employees regularly scheduled for 7½ hour days. These schedules must be discussed with Human Resources prior to adoption.</p>
<h5><a name="th-fo-fi" id="th-fo-fi"></a>3.4.5 Flexible Work Schedule</h5>
<p class="Body">Employees may work a flexible schedule for one day or longer to meet department needs or to accommodate the employee’s needs as long as the flexible schedule does not interfere with the department’s efficiency or effectiveness. Flexible schedules must be approved by the employee’s supervisor. Typical flex-time schedules are working 8:00 a.m. to 4:00 p.m. or 9:00 am to 5:00 p.m. in the same day.</p>
<h5><a name="th-fo-si" id="th-fo-si"></a>3.4.6 Make Up Time</h5>
<p class="Body">Make up time is not allowed at Saint Mary’s for non-exempt employees. Make up time is defined as taking leave and making up the time taken at a later date. For example: an employee has no sick leave but must take 4 hours off on Monday for a doctor’s appointment. That employee cannot come in on Saturday or work 4 hours overtime to make up for the time lost on Monday.</p>
<h5><a name="th-fo-se" id="th-fo-se"></a>3.4.7 Adjusted / Flexible Work Week </h5>
<p class="Body">Due to departmental or employee needs some adjustment to a work week may be necessary. Those adjustments would include, but are not limited to: taking Fridays off to work Saturday or working a Wednesday through Sunday schedule. Graduation may require the non-exempt staff to work a Sunday. That would require an adjustment of the normal work schedule to make sure that a 37.5/40 hour work week is accomplished between Monday and Sunday. The College will pay any appropriate overtime based on applicable law and policy.</p>
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<h4 class="Body"><span style="font-size: 1.154em; font-weight: bold; line-height: 1.538em;"><a name="th-fi" id="th-fi"></a>3.5 Personnel Records – Confidentiality and Access</span></h4>
<p class="Body">Federal and state laws and Saint Mary’s policy require the collection and retention of certain personnel information. Human Resources maintains the only official personnel files for all employees of the College covered by this Handbook.</p>
<h5><a name="th-fi-o" id="th-fi-o"></a>3.5.1 Access</h5>
<p class="Body">Employee personnel files are maintained with strict confidentiality. Access to employee personnel files is limited to the President of the College, Provost, Vice Presidents/Provosts (for employees under their jurisdiction), General Counsel, Assistant Vice President of Human Resources, Human Resources staff, and the employee’s supervisors, for business-related needs.</p>
<p class="Body"><span style="font-size: 1.077em; font-weight: bold; line-height: 1.538em;"><a name="th-fi-tw" id="th-fi-tw"></a>3.5.2 Contents of Files</span></p>
<p class="Body">Human Resources determines what documents will be maintained in personnel files and how long the documents are retained, in accordance with applicable laws, statutes and court orders.</p>
<h5><a name="th-fi-th" id="th-fi-th"></a>3.5.3 Employee Inspection of Personnel File</h5>
<p class="Body">An Employee who wishes to inspect his/her personnel file should make a written request to Human Resources. Within a reasonable time for Human Resources to ensure that the file is up to date, an appointment will be arranged. An Human Resources representative will be present during the inspection. The employee cannot remove any information from his/her personnel file nor have a copy of the file. However the employee may make written notes about the documents, and Human Resources can make copies of documents for the employee that the employee has signed. If an employee does not agree with something in the file, he or she may submit additional information which, at the sole discretion of the Assistant Vice President of Human Resources or designee, may be included in the file.</p>
<h5><a name="th-fi-fo" id="th-fi-fo"></a>3.5.4 Other Requests for Personnel Information</h5>
<p class="Body">All faculty and staff home addresses and telephone numbers are considered to be private information unless the employee specifically authorizes their release. The President, Provost, Vice Presidents/Provosts, General Counsel, the employee’s supervisors and Human Resources have a right to this information, if needed.</p>
<p class="Body">During and after employment with the College, the College will release certain information about an employee’s or former employee’s employment as follows:</p>
<ul><li>Human Resources will provide or verify employment dates and job titles when requested by an external party.</li>
<li>Salary or other more specific information will be released only if the employee or former employee has given written permission to do so, and the signed release specifying what information can be released is submitted with the request.</li>
<li>HR will respond to a lawful court order, subpoena, federal or state agency request, permissible discovery requests in litigation matters, or order or request of the IRS or Franchise Tax Board for records;</li>
<li>HR will furnish relevant factual information to authorized government agencies (e.g., social security, unemployment insurance, disability insurance) for benefits purposes.</li>
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<h4><a name="th-si" id="th-si"></a>3.6 Maintaining Current Employee Information</h4>
<h5><a name="th-si-o" id="th-si-o"></a>3.6.1 Personal Data</h5>
<p class="Body">Human Resources is responsible for the maintenance and accuracy of the College database for all employees (excluding students). When changes occur to an employee’s personal data, the employee must make sure HR receives a <em>written</em> authorization of the change. Change forms are available on the Human Resources website, in the boxes outside the HR office, or at the HR window in Filippi Hall.</p>
<p class="Body">Examples of personal data changes include:</p>
<ul><li>Name change – Employees changing their names must show Human Resources their new social security card with their new name. Human Resources will make a copy of the original.</li>
<li>Emergency contacts</li>
<li>Marital status</li>
<li>Address – it is important that the College has each employee’s current street address (not PO Box). Address changes should also be made with the College’s benefits administrator and insurance carriers.</li>
<li>Home or message telephone number</li>
<li>New Dependents</li>
<li>Change of Beneficiary – Forms are available in Human Resources to register changes in beneficiaries for the retirement and life insurance programs.</li>
<li>Changes in beneficiaries can be made at any time.</li>
</ul><h5><a name="th-si-tw" id="th-si-tw"></a>3.6.2 Retention of Files</h5>
<p class="Body">The College retains all employment records during employment, and thereafter, for a minimum period of five (5) years, after which the records may be destroyed. Files involved in threatened or pending litigation or governmental action will be retained as required by applicable procedures and regulations until the matter involving those files is concluded.</p>
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</div></div></div><div class="field field-name-field-files field-type-file field-label-hidden"><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="PDF icon" title="application/pdf" src="/modules/file/icons/application-pdf.png" /> <a href="https://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-3.pdf" type="application/pdf; length=216578">2014_Staff-Handbook_sec-3.pdf</a></span></div></div></div><div class="field field-name-field-tags field-type-taxonomy-term-reference field-label-above"><div class="field-label">Tags:&nbsp;</div><div class="field-items"><div class="field-item even"><a href="/tags/compensation" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Compensation</a></div><div class="field-item odd"><a href="/tags/employee-status" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">employee status</a></div><div class="field-item even"><a href="/tags/exempt" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">exempt</a></div><div class="field-item odd"><a href="/tags/non-exempt" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">non-exempt</a></div><div class="field-item even"><a href="/tags/full-time" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">full-time</a></div><div class="field-item odd"><a href="/tags/part-time" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">part-time</a></div><div class="field-item even"><a href="/tags/independent-contractor" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">independent contractor</a></div><div class="field-item odd"><a href="/tags/on-call" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">on-call</a></div><div class="field-item even"><a href="/tags/personnel-records" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">personnel records</a></div><div class="field-item odd"><a href="/tags/work-hours" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">work hours</a></div><div class="field-item even"><a href="/tags/work-week" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">work week</a></div><div class="field-item odd"><a href="/tags/travel-time" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">travel time</a></div></div></div><div class="field field-name-field-inherit-parent-footer1 field-type-list-boolean field-label-above"><div class="field-label">Inherit area contact information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer2 field-type-list-boolean field-label-above"><div class="field-label">Inherit area middle block information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer3 field-type-list-boolean field-label-above"><div class="field-label">Inherit area Tint Board Pop-up information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div>Tue, 07 May 2013 16:24:55 +0000SaraProd Lafassett28436 at https://www.stmarys-ca.eduSection 2: Employee Conduct & Responsibilitieshttps://www.stmarys-ca.edu/human-resources/2014-staff-handbook/section-2-employee-conduct-responsibilities
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p><span style="line-height: 1.538em;">Download <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-2.pdf" target="_blank">this section</a> or the <a href="http://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_Ed1.pdf" target="_blank">entire staff handbook</a> as a PDF.</span></p>
<h5><a name="top" id="top"></a>Authority: Director of Employee Relations &amp; Compensation</h5>
<p><span style="line-height: 1.538em;">2.1. <a href="#tw-o">Professional Conduct</a></span></p>
<ul><li><span style="line-height: 1.538em;">2.1.1</span> <a href="#tw-o-o" style="line-height: 1.538em;">Courtesy and Civility</a></li>
<li><span style="line-height: 1.538em;">2.1.2</span> <a href="#tw-o-tw" style="line-height: 1.538em;">Support of the College Values and Respect for College Property</a></li>
</ul><p>2.2 <a href="#tw-tw">Conflicts of Interest Policy</a></p>
<ul><li><span style="line-height: 1.538em;">2.2.1</span> <a href="#tw-tw-o" style="line-height: 1.538em;">Potential Conflicts of Interest</a></li>
<li><span style="line-height: 1.538em;">2.2.2</span> <a href="#tw-tw-tw" style="line-height: 1.538em;">Disclosure Responsibility</a></li>
<li><span style="line-height: 1.538em;">2.2.3</span> <a href="#tw-tw-th" style="line-height: 1.538em;">Outside Employment</a></li>
<li><span style="line-height: 1.538em;">2.2.4</span> <a href="#tw-tw-fo" style="line-height: 1.538em;">Gifts, Favors, Service, Compensation or Benefit</a></li>
<li><span style="line-height: 1.538em;">2.2.5</span> <a href="#tw-tw-fi" style="line-height: 1.538em;">Reporting Relationships</a></li>
<li><span style="line-height: 1.538em;">2.2.6</span> <a href="#tw-tw-si" style="line-height: 1.538em;">Sanctions</a></li>
</ul><p><span style="line-height: 1.538em;">2.3</span> <a href="#tw-th" style="line-height: 1.538em;">Duties Owed to the College</a></p>
<p>2.4 <a href="#tw-fo">Political Activity</a></p>
<p>2.5 <a href="#tw-fi">Non-Solicitation</a></p>
<p>2.6 <a href="#tw-si">Solicitation of Cash Gifts</a></p>
<p>2.7 <a href="#tw-se">Departmental Work Rules</a></p>
<p>2.8 <a href="#tw-ei">Telecommuting Policy</a></p>
<p>2.9 <a href="#tw-ni">Dress Standards</a></p>
<p>2.10 <a href="#tw-te">Friends, Family and Children (14 and under) in the workplace</a></p>
<p>2.11 <a href="#tw-el">Additional Compensation Policy</a></p>
<ul><li><span style="line-height: 1.538em;">2.11.1</span> <a href="#tw-el-o" style="line-height: 1.538em;">Volunteer Opportunities</a></li>
<li><span style="line-height: 1.538em;">2.11.2</span> <a href="#tw-el-tw" style="line-height: 1.538em;">Teaching by Staff</a></li>
</ul><p>2.12 <a href="#tw-twe">Contact with Media and Reporters</a></p>
<p>2.13 <a href="#tw-thi">Confidentiality of College Related Information</a></p>
<p>2.14 <a href="#tw-fort">Prohibited Conduct</a></p>
<p>2.15 <a href="#tw-fift">Workplace Conditions</a></p>
<ul><li><span style="line-height: 1.538em;">2.15.1</span> <a href="#tw-fift-o" style="line-height: 1.538em;">Drug-Free Workplace and Alcohol Use Policy</a></li>
</ul><p>2.16 <a href="#tw-sixt">College Intellectual Property</a></p>
<p>2.17 <a href="#tw-sevt">Computers, Cell Phones and Other Electronic Devices</a></p>
<p>2.18 <a href="#tw-eigt">Pets on Campus</a></p>
<p class="Body">Saint Mary’s strives to provide a work environment and learning community that is productive, pleasant and characterized by mutual respect. The College requires all members of its community to conduct themselves professionally, responsibly, ethically and with civility in their dealings with other members of the community and with the public.</p>
<h4><a name="tw-o" id="tw-o"></a>2.1 Professional Conduct</h4>
<h5><a name="tw-o-o" id="tw-o-o"></a>2.1.1 Courtesy and Civility</h5>
<p>Each employee is likely to be perceived as a representative of Saint Mary’s College when interacting with co-workers, students or the public; the public forms impressions of the College based on their contacts with College employees. Accordingly, courtesy towards the public (visitors, parents, etc.), toward all members of the College community and to citizens of the surrounding towns is of the utmost importance. Not only does a positive, pleasant attitude make the time spent at the College more meaningful and foster a better working and learning environment for everyone, it also provides the opportunity to put forward a positive impression on people inside and outside the College community.</p>
<h5><a name="tw-o-tw" id="tw-o-tw"></a>2.1.2 Support of the College Values and Respect for College Property</h5>
<p>Employees are expected to be familiar with the College values and mission, and are expected to promote and support those values and interests by adhering to the College policies and procedures and by safeguarding the College image and physical and intellectual property. Violations of College policies, misuse of the College services or resources, misuse of the College seal or name and misuse of or intentional damage to the College assets or personal, real or intellectual property is prohibited.</p>
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<h4><a name="tw-tw" id="tw-tw"></a>2.2 Conflicts of Interest Policy</h4>
<p class="Body">Faculty and staff, as employees of Saint Mary’s College, occupy a position of trust and responsibility as members of the College community. Therefore the College and its employees have obligations to students, parents, donors and others to use College resources responsibly and for designated business purposes. In meeting its mission, values and other obligations as a non-profit institution of higher education, the College expects all of its employees to carry out their responsibilities with the highest level of integrity and ethical behavior, and without conflicts of interest.</p>
<h5><a name="tw-tw-o" id="tw-tw-o"></a>2.2.1 Potential Conflicts of Interest</h5>
<p class="Body">Employees of the College are expected to perform their work-related and professional duties in the best interests of the College, to the extent permitted by law. While performing these duties, an employee must not put the interests of any individual, agency, organization, or association above the best interests of the College. This means, among other things, that an employee is not to engage in any activity or transaction that could influence or cause them not to act in the bests interests of the College, including, without limitation, any personal business transaction or private arrangement for personal profit which arises out of or relates to a position of authority with the college or is available because of the confidential information obtained by reason of such position of authority. For purposes of this policy, “personal” means the employee, any member of his or her immediate family (spouse, parents, children, siblings, domestic partners) and any entity with which he or she may be associated.</p>
<h5><a name="tw-tw-tw" id="tw-tw-tw"></a>2.2.2 Disclosure Responsibility</h5>
<p>Employees must disclose to the President in writing, at the time a conflict is identified or develops, any financial, ownership or management interest in any entity engaged either in the delivery of educational services, or in the delivery of goods or services of any kind to the College. Employees with questions about the applicability of this Policy in a given situation are encouraged to contact the Provost, Vice President for Finance or Assistant Vice President of Human Resources or designee. Examples of potential conflicts of interests and forms for disclosing potential conflicts of interests are available from the Assistant Vice President of Human Resources or designee.</p>
<h5><a name="tw-tw-th" id="tw-tw-th"></a>2.2.3 Outside Employment</h5>
<p class="Body">Employees must refrain from participation in a transaction or effort that could result in personal profit, except upon the written prior approval of the President. This prohibition includes, but is not limited to, work outside the College, regardless of the level of compensation to the employee, that is determined to interfere with the employee’s work-related and/or professional responsibilities of the College. While the College does not prohibit staff from holding outside employment, such employment must not create a conflict of interest with the College or interfere with the person’s employment responsibilities to the College. Such determination shall be made by the President, in consultation with the employee’s immediate supervisor, Provost and/or area Vice President and/or Vice Provost, and the Assistant Vice President of Human Resources or designee.</p>
<h5><a name="tw-tw-fo" id="tw-tw-fo"></a>2.2.4 Gifts, Favors, Service, Compensation or Benefit</h5>
<p>An employee may not accept any gift, favor, service, compensation, or benefit of any kind from any person or entity who can influence the exercise of the employee’s professional judgment to act in the best interests of the College, consistent with the person’s obligations as an employee of the College. Items of minimal value (defined as having a value of $100 or less) are not included within the Policy. Likewise, financial inducements and rewards that flow from a person’s work-related duties and professional obligations as an employee of the College and as a member of the Saint Mary’s community, including but not limited to grants, travel money, honoraria, that may result in conflicts of interest must be disclosed to the employee’s direct supervisor prior to being pursued, received and/or accepted.</p>
<h5><a name="tw-tw-fi" id="tw-tw-fi"></a>2.2.5 Reporting Relationships</h5>
<p class="Body">Members of the same family may not be employed in a situation where one member of the family works under the administrative supervision of another, nor may one participate in any employment, salary, or other important decision regarding an immediate family member or person with whom the employee is in an amorous relationship (see College’s Amorous Relationships Policy). For purposes of this policy, “family member” includes the employee, any member of his or her immediate family (spouse, registered domestic partner, parents, children, siblings). Any exceptions to this requirement must be reviewed with the Assistant Vice President of Human Resources or designee, and approved by the appropriate area Vice President or the Provost.</p>
<h5><a name="tw-tw-si" id="tw-tw-si"></a>2.2.6 Sanctions</h5>
<p>Violations of the College’s Conflicts of Interest policy will result in appropriate disciplinary action up to and including suspension without pay, transfer, demotion, termination of employment, cessation or prohibition of business with a vendor, and/or other appropriate remedies. Employees with questions about the applicability of this Policy in a given situation should contact the Assistant Vice President of Human Resources or designee.</p>
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<h4><a name="tw-th" id="tw-th"></a>2.3 Duties Owed to the College</h4>
<p>Employees are expected to devote their working hours exclusively to job-related duties assigned or supported by their supervisor, that contribute to the goals and objectives of Saint Mary’s College. During working hours, employees may not engage in other employment or activities, including but not limited to personal business, another employee’s personal business, non-professionally-related volunteer work, teaching, consulting or any other activity which might interfere with the performance of the employee’s regular duties without first obtaining written permission from the Assistant Vice President of Human Resources or designee, who will consult with the employee’s supervisor(s), which may include the appropriate area Vice President, Provost or the President. The employee’s failure to obtain this permission, at least annually, may be cause for disciplinary action, up to and including termination.</p>
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<h4><a name="tw-fo" id="tw-fo"></a>2.4 Political Activity</h4>
<p>The College’s status as a California not-for-profit public benefit corporation prohibits partisan political activity by employees in the workplace or when acting in their College-related official capacities. Employees must refrain from making or offering payments, gifts or services to or for the benefit of any governmental or accrediting agency official, employee or designee who is in a position to influence directly or indirectly, any government or accrediting agency action or decision, as well as from making or soliciting contributions in the name of or on behalf of the College or with College funds, services or facilities in any form to, or in the aid of, any political party, group, candidate or partisan cause.</p>
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<h4><a name="tw-fi" id="tw-fi"></a>2.5 Non-Solicitation </h4>
<p>Employees may not solicit, distribute, or receive solicitation materials during working time or in work areas. Work areas generally exclude eating areas, parking lots or employee lounges. Working time excludes unpaid lunch breaks or any other specified period during the workday when employees are not engaged in performing their work tasks.</p>
<p>Email and list-servers are inappropriate for distribution of solicitation material not related to the College.</p>
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<h4><a name="tw-si" id="tw-si"></a>2.6 Solicitation of Cash Gifts </h4>
<p class="Body">All solicitations of cash gifts from Saint Mary’s College alumni, parents, friends or any other third parties must receive prior written approval from the Vice President of Advancement or his/her designee. Appropriate College processes, as defined by the V.P. of Advancement, must be followed<i>.</i></p>
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<h4><a name="tw-se" id="tw-se"></a>2.7 Departmental Work Rules</h4>
<p class="Body">Departments may have their own work rules, as long as they are consistent with applicable law and not in conflict with any policy or procedure described in this Handbook. If the Assistant Vice President of Human Resources or her/his designee determines that a department rule is in conflict with this Handbook or is otherwise inconsistent with law or policy, the department must revise or abandon the rule in order to resolve the conflict.</p>
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<h4><a name="tw-ei" id="tw-ei"></a>2.8 Telecommuting Policy</h4>
<h5 class="Subhead3"><a name="tw-ei-o" id="tw-ei-o"></a>2.8.1 Rationale</h5>
<p>In appropriate and approved limited circumstances, Saint Mary’s may permit staff employees to telecommute (work from home or an alternate location). If such permission is provided, the telecommute period shall be for no more than 20% of the employee’s work week and only after taking into consideration the campus service requirements of the position, and the needs, requirements and/or constraints of both the department and the employee. Any exception(s) to this limitation require the written approval of the Assistant Vice President of Human Resources or designee, whose decision in such matters is final. Telecommuting is a cooperative employment arrangement between the College and the employee, and must be approved in writing by the employee’s supervisor, the area Vice President and the Assistant Vice President of Human Resources or designee, prior to being implemented.</p>
<h5 class="Subhead3"><a name="tw-ei-tw" id="tw-ei-tw"></a>2.8.2 Suitability for Telecommuting</h5>
<p class="Body">In general, Saint Mary’s does not encourage ongoing telecommuting arrangements because the employee not working on campus loses the community interaction that makes Saint Mary’s a special place to work. Also, most positions are not suitable for telecommuting. Jobs best suited are those that require independent work and minimal face-to-face interaction, result in a specific, measurable work product, and benefit from quiet and uninterrupted time. These jobs typically consist of thinking and writing (writing decisions and reports), and computer-oriented tasks (programming or data analysis). Jobs typically not suitable for telecommunicating include those that provide office or counter coverage, supervisory positions, or where face-to-face contact is an essential requirement of the job. Individuals approved to telecommute should have proven time-management skills and a demonstrated history of independent and effective work performance.</p>
<h5 class="Subhead3"><a name="tw-ei-th" id="tw-ei-th"></a>2.8.3 Telecommuting Procedures</h5>
<p>The employee who wishes to initiate telecommuting should talk with his/her supervisor. If the supervisor thinks the arrangement is reasonable and the director of the department supports the arrangement, the employee, supervisor and/or department director should meet with the Assistant Vice President of Human Resources or her/his to discuss the proposed arrangement and, with the agreement of the Assistant Vice President of Human Resources, sign a Telecommuting Agreement (“Agreement”). A copy of this Agreement will be placed in the employee’s personnel file.</p>
<p>NOTE: an Agreement is not required for incidental telecommuting resulting from emergencies or for relatively brief tasks, however, supervisor approval is required in all instances. Telecommuting is a business arrangement between the College and the employee that is not triggered by a medical condition or a disability, e.g., a leave of absence or reasonable accommodation. The initial period during any telecommute arrangement will be considered a trial period for the College to determine if the employee is satisfactorily completing his/her work and is meeting job expectations. Notwithstanding the completion of any trial period, Saint Mary’s will continue to reserve the right to terminate any telecommute arrangement and require the employee to return to regular work attendance at employee’s regular work location.</p>
<h5 class="Subhead3"><a name="tw-ei-fo" id="tw-ei-fo"></a>2.8.4 Telecommuting Requirements</h5>
<p class="Body">The employee will remain obligated to comply with all College and departmental policies and procedures.</p>
<ul><li>Telecommuting is not intended to be used as a substitute or supplement for ongoing childcare or care of family members. (Saint Mary’s policy on Family and Medical Leave has provisions for care of family members under some circumstances.) Although an individual employee’s schedule may be modified to accommodate childcare needs, the focus of any telecommuting arrangement must remain on College work and meeting departmental and College needs. Prospective telecommuters are encouraged to discuss expectations of telecommuting with family members prior to entering into a trial period.</li>
<li>A telecommuting employee who is unable to perform his/her duties on a designated telecommuting day is required to follow their department’s call-in procedure to notify their supervisor to notify their supervisor that they are unable to work and thus are calling-in sick, in order to ensure both that the supervisor and department is aware of the absence for that date.</li>
<li>The telecommuting employee is expected to be accessible by phone or e-mail within a period of time agreed upon by the supervisor and employee. The supervisor may require a telecommuting employee to return to the office on a day normally scheduled for telecommuting, should the department needs or work situation warrant such an action.</li>
<li>The College may, but is not obligated to, provide off-site equipment related to the employee’s duties. In addition, the employee’s personal home computer, when used for work-related purposes under any scenarios, may be subject to discovery should the matter on which the employee worked be subject to a legal process involving the College.</li>
<li>Existing time-recording procedures, including time off and leave records must be maintained for all employees including telecommuters: Attendance or Absence forms must be completed by the telecommuter, signed by the employee’s supervisor, and submitted as usual. All agreements must conform to the overtime and record keeping provisions of the Fair Labor Standards Act (FLSA) for staff members covered by those provisions. Therefore, although exempt employees may be managed by results, supervisors must ensure accurate recording of hours worked. Non-exempt employees who telecommute are to work overtime only when directed and approved by the supervisor in advance. Working overtime without such approval may result in termination of the agreement and/or other appropriate action.</li>
<li>Telecommuting agreements must have a start and end date, and shall be for a period no longer than one (1) year.</li>
</ul><h5 class="Subhead3"><a name="tw-ei-fi" id="tw-ei-fi"></a>2.8.5 Information Security</h5>
<p class="Body">Employees must take precautions necessary to secure confidential and/or privileged information and prevent unauthorized access to College systems and abide by all College and departmental policies. For more detail, see the Technology Use Policy and the Staff Handbook sections on Professional Conduct, Prohibited Conduct, Confidentiality of College Related Information, and College Intellectual Property.</p>
<h5 class="Subhead3"><a name="tw-ei-si" id="tw-ei-si"></a>2.8.6 Discontinuation</h5>
<p class="Body">A telecommuting arrangement may be discontinued<b> </b>at any time at the request of either the telecommuter or the department head. The telecommuter agreement can be terminated by the department head or by the College. Effort will be made to provide notice of such a change to allow the employee and the department to make appropriate arrangements; there may be instances, however, where no notice is possible. The supervisor, with concurrence of the department head, is ultimately responsible for any decision to terminate a Telecommuting Agreement. When the telecommuting ends, all College property is to be returned to the department.</p>
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<h4><a name="tw-ni" id="tw-ni"></a>2.9 Dress Standards</h4>
<p class="Body">Each employee is expected to dress appropriately for the type of work she/he does in a manner that maintains a standard of professionalism consistent with the Saint Mary’s College community. Since the appropriate standard may vary by department, the department head will communicate the dress standard to employees in that department. Clothing should be generally in good condition (i.e., not frayed, torn or too revealing). If a specific type of clothing is required due to safety or other reasons, the College will provide appropriate clothing.</p>
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<h4><a name="tw-te" id="tw-te"></a>2.10 Friends, Family and Children (14 and under) in the Workplace</h4>
<p class="Body">Many employees enjoy bringing children (14 and under) to their work site to introduce to coworkers and to show their children their work environment. Beyond brief visits, however, the workplace is not the appropriate place for child care. Even during short, periodic visits children must not be left unattended. Similarly, when an employee is visited at work by family or friends during working hours, the visits should be brief. To maintain and preserve an environment conducive to learning and productive work, employees and students who bring children 14 and younger to classes, the workplace or to college-sponsored and/or work or educational activities on or off campus which are not open to the public and/or do not specifically invite children, may be asked to take the child(ren) elsewhere and/or not to bring the child(ren) in the future. In addition, students shall not provide child care (their own or other people’s children) in campus student residence halls or rooms or on College business premises (e.g., classrooms, offices or the library).</p>
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<h4><a name="tw-el" id="tw-el"></a>2.11 Additional Compensation Policy</h4>
<p class="Body">Saint Mary’s College Additional Compensation Policy is designed to allow for special compensation for work performed by full-time employees that are outside of their normal responsibilities.</p>
<ol><li><b>Non-exempt</b> <b>employees</b> who perform additional work in excess of 7.5 or 8 hours per day or 37.50 or 40 hours per week will be compensated at their applicable overtime rate. This would include non-exempt staff who work special events (i.e. Athletic or Student Life).</li>
<li><b>Exempt</b> <b>employees</b> are paid a guaranteed salary for each workweek in which work is performed regardless of the hours worked. However, occasionally exempt employees may be requested to perform duties or projects that are substantially beyond and different from their primary job function. These duties may include, but are not limited to:</li>
</ol><ul><li>
<ul><li>Event Staff</li>
<li>Guest Speaker / Honoraria</li>
<li>Thesis Readers/Chair</li>
<li>Interim/Acting Appointments</li>
<li>Curriculum Development</li>
<li>Special Projects or Research</li>
</ul></li>
</ul><p>Before an exempt employee performs work <i>in addition to</i> their regularly scheduled duties, the employee must receive prior written authorization from his or her immediate supervisor <i>and</i> Human Resources. The exempt employee may be required to track hours worked on the additional duties. Additional work cannot interfere or conflict with normal working hours and primary job functions. If this occurs the supervisor is responsible for notifying Human Resources and resolving the interference or conflict and, if necessary, withdrawing authorization for the additional work. If authorization for additional work is withdrawn, the additional duties and pay will end.</p>
<p>Taking on additional duties as set forth in this section shall not change the at-will nature of the employment relationship between the College and the employees.</p>
<p class="Body">Any additional compensation will be paid by payroll and all normal applicable taxes will be deducted.</p>
<h5><a name="tw-el-o" id="tw-el-o"></a>2.11.1 Volunteer Opportunities</h5>
<p class="Body">Notwithstanding the policy above the College appreciates and encourages its employees to engage in non-compensated activities that benefit the College, the employee and its students.</p>
<p class="Body">These activities may include volunteering for commencement, baccalaureate, student productions, College-wide initiatives, social justice programs, Mission and Ministry events and many others.</p>
<h5><a name="tw-el-tw" id="tw-el-tw"></a>2.11.2 Teaching by Staff</h5>
<p class="Subhead4"><strong>Positions requiring teaching</strong></p>
<p class="Body">Ordinarily, those exempt and non-exempt staff positions that require teaching of regular or specialized courses are considered to be compensated as part of their base salary. In these cases, it is expected that all teaching duties, <i>including</i> advising, class preparation, instruction, grading and student/administration interactions, will take place during the normal work day.</p>
<p class="Body">All timekeeping by <i>non-exempt</i> staff members should always accurately reflect all working time, including staff administrative work <i>and</i> teaching duties time. Any work done beyond 7.5/8 hours in a work day or 37.5/40 hours in a work week will be paid at the applicable overtime rate of the individual based on the staff position. Attendance reports for teaching must be submitted on the 5<sup>th</sup> and 20<sup>th</sup> of each month.</p>
<p class="Body">Staff members teaching within their staff position must seek prior supervisor and Human Resources approval before working outside their normal work day, consistent with standard College policies.</p>
<p class="Subhead4"><strong>Teaching outside the staff position</strong></p>
<p class="Body">Staff who are qualified and have been asked to teach a course where some or all of the teaching duties occur <i>outside</i> the staff member’s normal work duties may only do so with the advance approval of their supervisor and Human Resources. In these situations, the teaching staff member will be appointed and compensated as a Lecturer through a separate agreement. The Lecturer status shall not change the at-will status of the staff position.</p>
<p class="Body">It is the policy of the College, that staff devote their full effort to their primary staff function. For those staff teaching outside of their staff positions, all teaching duties, <i>including</i> advising, class preparation, instruction, grading and student/administration interactions, will take place <i>outside</i> the normal work day, or consistent with a flexible work schedule that is designed to prevent the interference of the separate duties of the regular staff position and the teaching appointment. Supervisors in consultation with Human Resources have the responsibility of determining how and whether the teaching of courses will impact the department and its productivity, and thereafter determining whether such an arrangement may be approved or can be maintained. </p>
<p class="Body">Again, all timekeeping by <i>non-exempt</i> staff members should always accurately reflect all working time, including staff administrative work <i>and</i> time spent on the teaching duties described above. Any work done beyond 7.5/8 hours in a work day or 37.5/40 hours in a work week will be paid at the applicable overtime rate of the individual based on the staff position. Attendance reports for teaching must be submitted on the 5<sup>th</sup> and 20<sup>th</sup> of each month.</p>
<p class="Body">Supervisors and staff employees requesting additional information regarding the administration of this policy may contact the Director of Employee Relations &amp; Compensation or the Assistant Vice President of Human Resources.</p>
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<h4><a name="tw-twe" id="tw-twe"></a>2.12 Contact with Media and Reporters</h4>
<p class="Body">On occasion, reporters for media, including newspapers, magazines, radio stations, websites or television stations, may contact College staff members directly instead of working through the College’s administrative departments designed to coordinate responses to such inquiries (i.e., the College Communications<b> </b>and/or Sports Information offices). <i>Only designated representatives of the College are authorized to make public statements on behalf of the College</i><i>.</i> The College Communications Office is available to assist individuals who receive press inquiries, and all employees are urged to promptly notify that office when they receive media inquiries.</p>
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<h4><a name="tw-thi" id="tw-thi"></a>2.13 Confidentiality of College Related Information</h4>
<p class="Body">Pursuant to applicable law and College policy, all employees are expected to maintain confidentiality regarding oral or written information, including but not limited to business and education records, computer terminal display information, grade reports, personnel records, medical records, financial records, benefactor records, alumni records, and other confidential and/or private oral or written information<b><i> </i></b>obtained as a result of their employment at Saint Mary’s. Failure to do so may not only subject the College to legal liability, but, also, the employee who violates the confidentiality and/or privacy of the College, its employees or its students.</p>
<p class="Body">From time to time, employees or their department may receive requests from various individuals who seek access to official College records and documents. It is imperative that the College ensures that information generated and used in performing professional responsibilities be used only for Saint Mary’s official business and education purposes.</p>
<p class="Body">This information is available only on a legitimate business or educational need-to-know basis for authorized individuals within the College. Employees are expected to take all reasonable precautions against disclosure of confidential or proprietary information to third parties during and after employment with Saint Mary’s and to not use Saint Mary’s confidential information except to the extent necessary in the course and scope of their employment at Saint Mary’s.<b><i> </i></b>In many instances, especially in the case of individuals who would appear to have some official connection with the College, there will be little or no reason to question such requests. However, in the interest of protecting the College from unauthorized use of any such confidential information please refer all such requests for authorization to either Human Resources, the Registrar, or the Office of General Counsel.</p>
<p class="Body">It is a violation of College policy to share confidential information beyond those individuals who have a legitimate business or educational need-to-know in order to perform their duties at Saint Mary’s. Inappropriate sharing of confidential information may result in disciplinary action up to and including termination. In order to underscore the importance of compliance with this obligation of employment at the College, all new staff employees will be required, as a condition of employment,<b><i> </i></b>to sign a Confidentiality Agreement. While staff currently employed may not be required to sign a separate Confidentiality Agreement, all current employees must comply with the College’s policy on the confidentiality of College information and employee and student privacy.</p>
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<h4><a name="tw-fort" id="tw-fort"></a>2.14 Prohibited Conduct</h4>
<p class="Body">As a College employee, you have an obligation to the College and to your fellow employees to adhere to certain rules of acceptable behavior and conduct which allow all employees to work together efficiently, effectively, and harmoniously. The College expects each individual to act in a civil, ethical, truthful, professional and responsible way at all times.</p>
<p class="Body">Prohibited Conduct will not be tolerated by Saint Mary’s. College employees who engage in prohibited conduct are subject to disciplinary action, up to and including termination.<b><i> </i></b>The list that follows is illustrative only; other types of conduct injurious to security, personal safety, employee welfare or the College’s operations may also be prohibited. This list does not in any way alter the College’s policy of at-will employment. In addition, this list does not constitute any limiting definition of “cause” or “grounds” for termination. The College does not limit its ability to discipline its employees by taking whatever action the College, in its sole discretion, deems to be appropriate and in the best interest of the College, up to and including termination. The College retains its right, inherent in the concept of employment at will, to terminate the employment relationship, with or without cause or notice.</p>
<p class="Body">Examples:</p>
<ol><li>Breach of confidentiality or violation of student or employee privacy</li>
<li>Committing a fraudulent act, dishonest act or breach of trust</li>
<li>Forgery or alteration of documents</li>
<li>Unauthorized alteration or manipulation of computer files</li>
<li>Pursuit of a benefit or advantage that would create a conflict of interest with one’s responsibilities or obligations as a member of the College community</li>
<li>Authorizing or receiving compensation for goods not received, services not performed, or hours not worked</li>
<li>Theft, misappropriation or misuse of College funds or property</li>
<li>Furnishing false information or credentials on employment application, resume, vitae or subsequent falsification of records</li>
<li>Harassment of or physical violence against others</li>
<li>Violation of College policies prohibiting discrimination and harassment</li>
<li>Lying in connection with or during the course of an internal investigation</li>
<li>Rude, abusive or inappropriate conduct toward visitors, coworkers, managers, students</li>
<li>Engaging in conduct, including conduct that may be illegal, that is detrimental to the reputation of the College, whether or not related to College business; or conduct that has a negative impact on the welfare of students, employees, vendors or visitors</li>
<li>Possession, use, sale, or distribution of illegal drugs, controlled substances or drug-related paraphernalia on campus</li>
<li>Consumption of alcoholic beverages during the employee’s work day or being under the influence of alcohol or other drugs to the extent that the employee is unable to perform satisfactorily the responsibilities of his/her position</li>
<li>Reporting to work or working in any condition which interferes with the employee’s efficient, professional and courteous conduct of his/her job responsibilities</li>
<li>Failure to work safely or to report promptly any job-related accident or injury</li>
<li>Insubordination, including failure to comply with management’s instructions, as long as instructions do not violate College policies or applicable laws and regulations</li>
<li>Failure to meet performance expectations or to follow work rules</li>
<li>Excessive or unverified absenteeism or tardiness or unreported absence of three or more days</li>
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<h4><a name="tw-fift" id="tw-fift"></a>2.15 Workplace Conditions</h4>
<h5><a name="tw-fift-o" id="tw-fift-o"></a>2.15.1 Drug-Free Workplace and Alcohol Use Policy</h5>
<p class="Body">In accordance with applicable law, the College seeks to maintain a safe, healthy, and productive environment for its employees, students and others who may visit or work at the campus.</p>
<p class="Body">The use and abuse of alcohol and drugs pose a serious risk to the physical and emotional health of an individual and can negatively impact one’s professional and private life, as well as the life of the College.</p>
<ul><li>Potential health risks include, but are not limited to:</li>
<li>Confusion, hallucinations, paranoia, deep depression</li>
<li>Cardiac irregularities and hypertension</li>
<li>Neurological damage</li>
<li>Organ damage, including cirrhosis of the liver</li>
<li>Increased cancer risk</li>
<li>Malnutrition</li>
</ul><p>Therefore, the purchase, possession, use, distribution, or manufacture of illegal drugs and the possession and use of unauthorized alcoholic beverages on College premises or as part of any College activity is prohibited, except where alcohol is authorized and served at a College-sponsored function to persons age 21 or older and in compliance with applicable law. Other than as permitted under this policy, consumption of alcoholic beverages is not permitted in any classroom building or within public areas of the College. (For more detailed information on the College’s alcohol and drug policies governing students, see the Student Handbook.)</p>
<p class="Body">For purposes of this policy, illegal drugs are drugs that cannot be obtained legally, as well as drugs that are legally obtained, but used for illegal purposes or abused. Local, state and federal laws establish severe penalties for unlawful possession or distribution of illicit drugs and unauthorized alcohol. Some examples of those laws are:</p>
<ul><li>Purchase, possession or consumption of alcohol by a person under age 21 is prohibited.</li>
<li>Providing or selling alcohol to someone under age 21 or to any obviously intoxicated person is prohibited.</li>
<li>Except under authority of a California Alcoholic Beverage Control License, selling alcoholic beverages, either directly or indirectly, is prohibited.</li>
<li>Purchase, possession or use of illegal drugs is prohibited.</li>
<li>Driving on campus or driving a College-owned, -leased or –rented vehicle under the influence of alcohol, illegal drugs, prescription drugs or over-the-counter products that impair driving ability is prohibited.</li>
</ul><p>If prescribed or non-prescribed drugs which the employee must take for reasons of health interfere with his/her job performance or endanger the safety of others, the employee must take a medical leave of absence, make other arrangements to be away from his/her position or, <i>in some circumstances</i> request an accommodation in the work environment and/or the job until the condition improves. If the employee requests an accommodation, the College will require appropriate professional documentation regarding the employee’s drug or alcohol related condition and will determine if the accommodation requested is reasonable under the circumstances presented.</p>
<p>The College reserves the right to require testing for drugs or alcohol when the College has a reasonable suspicion that an individual employee is impaired by drugs or alcohol or following an accident or safety violation. <i>Reasonable suspicion means suspicion based on information or observation of, among other things, the appearance, behavior, speech, attitude, mood and/or breath odor of an employee.</i></p>
<p>Whenever a violation of this policy or the active use of any drug, including alcohol, adversely affects either the employee’s job performance, or the job performance or safety of others, the College will take disciplinary or other corrective measures including termination and possible referral for criminal prosecution.</p>
<p class="Body">Employees concerned about their life and health relative to alcohol and/or drug use, are urged to contact the College’s Employee Assistance Program (EAP) at 1-888-492-9355. The EAP assures all employees of confidential counseling for drug and alcohol problems, as well as for stress, marriage, children, emotional and relationship problems.</p>
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<h4><a name="tw-sixt" id="tw-sixt"></a>2.16 College Intellectual Property</h4>
<p class="Body">Any work created by a Saint Mary’s employee, or under a Saint Mary’s employee’s direction, in connection with his/her work at the College shall be the sole property of Saint Mary’s, with any and all copyrights and other proprietary interests in those works belonging to the College. In addition, Saint Mary’s policy on the general confidentiality of College related information applies to all such works. All materials furnished to employees by Saint Mary’s College, and all materials prepared by employees in connection with their employment by the College, including but not limited to computer software and documentation, shall be returned promptly to the College upon termination of employment.</p>
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<h4><a name="tw-sevt" id="tw-sevt"></a>2.17 Computers, Cell Phones and Other Electronic Devices </h4>
<p class="Body">Saint Mary’s provides access to electronic information and computing resources for students, Christian Brothers, faculty and staff. The College has developed a comprehensive policy on these issues, entitled “Technology Use Policy,” which is included as appendix A to this Handbook. Each employee is expected to be familiar with, and must abide by, this Policy.</p>
<p class="Body">Note in particular that personal information and messages relayed and/or stored in these systems are subject to restrictions placed upon College-related information and messages. <i>Employees and students should not have expectations of privacy concerning any communications using College equipment</i><i>.</i></p>
<p>The College’s technology resources may not be used for commercial ventures, political causes, outside organizations unrelated to the employee’s employment at the College, or other non-job related solicitations. Furthermore, those resources are not to be used to create, access or transmit offensive or disruptive messages, including messages of a sexual nature or derogatory comments about age, race, sexual orientation, gender, religious or political beliefs, national origin or disability. Employees are expected to reimburse the College for personal use of College equipment such as cell phones.</p>
<p class="Body">Cellular phones, PDA’s, pagers, and other electronic devices shall not be used in a manner that causes disruption in the classroom, library or within any College-owned, controlled or operated facility. This includes the use of cellular devices with photographic capabilities. Utilizing these devices for the purpose of photographing individuals in secured and/or private areas including but not limited to lavatories, dressing rooms or locker rooms, or other forms of illegal activity is prohibited. Taking photographs of any individual without his/her prior consent is prohibited. Employees are asked to be sensitive to their environment and courteous to those around them when using this equipment.</p>
<p class="Body">Any questions related to this Policy should be directed to the College’s Chief Technology Officer.</p>
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<h4><a name="tw-eigt" id="tw-eigt"></a>2.18 Pets on Campus</h4>
<p>No pets are allowed on campus. This prohibition on pets does not apply to guide dogs or service animals that are serving in such capacity while on campus.</p>
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</div></div></div><div class="field field-name-field-files field-type-file field-label-hidden"><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="PDF icon" title="application/pdf" src="/modules/file/icons/application-pdf.png" /> <a href="https://www.stmarys-ca.edu/sites/default/files/attachments/files/2014_Staff-Handbook_sec-2.pdf" type="application/pdf; length=223363">2014_Staff-Handbook_sec-2.pdf</a></span></div></div></div><div class="field field-name-field-tags field-type-taxonomy-term-reference field-label-above"><div class="field-label">Tags:&nbsp;</div><div class="field-items"><div class="field-item even"><a href="/tags/alcohol" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">alcohol</a></div><div class="field-item odd"><a href="/tags/college-property" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">college property</a></div><div class="field-item even"><a href="/tags/compensation" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">Compensation</a></div><div class="field-item odd"><a href="/tags/conflicts-of-interest" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">conflicts of interest</a></div><div class="field-item even"><a href="/tags/intellectual-property" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">intellectual property</a></div><div class="field-item odd"><a href="/tags/political-activity" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">political activity</a></div><div class="field-item even"><a href="/tags/gifts" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">gifts</a></div><div class="field-item odd"><a href="/tags/teaching-by-staff" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">teaching by staff</a></div><div class="field-item even"><a href="/tags/telecommuting" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">telecommuting</a></div><div class="field-item odd"><a href="/tags/pets" typeof="skos:Concept" property="rdfs:label skos:prefLabel" datatype="">pets</a></div></div></div><div class="field field-name-field-inherit-parent-footer1 field-type-list-boolean field-label-above"><div class="field-label">Inherit area contact information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer2 field-type-list-boolean field-label-above"><div class="field-label">Inherit area middle block information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div><div class="field field-name-field-inherit-parent-footer3 field-type-list-boolean field-label-above"><div class="field-label">Inherit area Tint Board Pop-up information:&nbsp;</div><div class="field-items"><div class="field-item even"></div></div></div>Tue, 07 May 2013 16:24:08 +0000SaraProd Lafassett28431 at https://www.stmarys-ca.edu